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tv   [untitled]    January 10, 2012 7:31pm-8:01pm PST

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president newlin: let's see if any other commissioners have. >> i can make a motion. >> the good neighbor policy applies. it says that the permit holder should provide a cellphone number to all interested neighbors that will be answered at all times by a manager of -- or other responsible person to respond to the complaints whenever entertainment is provided. how will this applicant announce the phone number? president newlin: could you come back up to the podium? you have heard these comments and requirements from the mission where your neighbors have a self on and that they can request the music turned down. are you aware of all of that?
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you are willing to abide by all of those stipulations? >> at the patio we have a birthday party is where kids comes in. -- kids come in. >> another question to staff is although entertainment is entertainment, when done outside, where does, like for a birthday party, i don't understand the fine line between the first amendment and entertainment that has to be permitted. if they have a party outside and there is no music, and that is free speech. >> that is correct. >> if they had an acoustical guitar, does that fall under this permit? >> this covers the interior
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only. if she uses her back patio with amplification it requires a loudspeaker permit from the staff. that is a separate permit. she has people outside on the patio, and that is not a question being considered for this commission but you might want to clarify if she says per se party, what she means so there is the same communication. >> to you have music? >> sometimes they will have a boom box. >> is that considered amplified music? yes, it is. all right, so --- president newlin: you would need a separate permit. >> what about poetry reading stacks -- readings?
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>> we cannot stipulate to the type of entertainment. the only thing we can do here is conditioned on time, place, and manner. that is what we're discussing. if she has entertainment outside and it has amplification it requires a loudspeaker permit. >> i hear you. bear with me, this will take a second to formulate this motion. i moved to approved the limited supply of -- limited live and strike the conditions of mission station with regard to security , that the office can suspend their commission or the staff
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sneeze to walk -- staff needs to walk. this approval is for indoors only and does permit in no way it addresses any outdoor entertainment or entertainment on the patio. that is my motion. >> you mean non-amplified entertainment. can you restate that? >> this permit does not address entertainment on the patio. whether it is amplified or otherwise. it does not cover the patio. it only covers the interior. >> i want to make sure that everyone understands a boombox is amplified entertainment. you cannot have one of those outside.
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>> that is correct. amplified sound. we use entertainment so lot. the amplified sound is required to be permitted by a loudspeaker permit. >> you have to have your doors and windows closed, for this permit. all of your windows and doors have to be closed. all of the sound must be contained? >> yes. it requires the containment of sam. -- sound. commissioner joseph: you have to announce it. >> if that is true, hopefully we will have better relations with the neighbor as a good representative. i would hope that it takes to
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start because i would hate to see a community cornerstone take themselves down. with regard to their patio, would you suggest that she comes in has a conversation with you about how and in what manner she could possibly use her patio? >> she is welcome to come to our office to the clarity. she will probably be coming shortly to obtain a permit. we will definitely work on a communication with the neighbors and do the best that we can. >> i would like to support the comments of commissioner hyde that there is a balancing act to
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have to implement to keep people who leaked -- love your establishment. i did not hear any unreasonable people that are requesting unreasonable concessions in terms of their quality of life. it is all on you. if you're going to be successful you have to get them the cell phone numbers and be on top of the issues and work with them. hopefully you will have a successful venue. we want to take a vote? commissioner perez: aye. commissioner joseph: aye. president newlin: aye. ok. [applause] good luck. ok. item g. >> could you all leave quietly?
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>> onur ozkaynak. >> in january 2011, the entertainment condition granted a permit for 260 kearny. the limited the power of entertainment and to invite to the applicant to return in one year to reevaluate it if he chose to. one year later, here he is to ask for an amendment. >> hello, everybody. i had my permit for the entertainment last year around this time. i have been having live music
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within the limits you gave me. i have not had any issue or complaints. people afterward have enjoyed a the live music. i do not want to be a club. i just want to offer live music. now my hours are limited. i can have music from four o'clock 30 to 7:30 on the weekend -- 4:30 to 7:30 on the weekend. sometimes my customers would like to book my venue for birthday parties and they would like to have music. several times i had to deny them. i would like to have my options open not to say no to my customers.
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and give them whatever they want. >> can you be specific about which powers would be changed? >> my hours i am not going to change but summertime i might push it one hour later because of daylight savings. for instance, on tuesday or wednesday, if they want to have a dj, i would like to have that option. my permit allows me to have them twice a month. i only had a dj three times last year. i would like to keep my options open. >> de you have a presentation?
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>> a small comment. i have worked with oz in the past and he has come up with a good business plan and it seems to be taking off. i know he wanted the entertainment permit revisited. one of the things as far as central station, we're not saying we are opposed to the change but we want specific, what the specific requests are. we would like to be able to know what he would like to do. so i can do my due diligence with the community. his establishment has not been a problem. i look forward to working with him. rather than have a decision tonight as far as a change, we would like to have central station and the community to look into it. i can do my due diligence and
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come back with a recommendation. >> it sounds like what we have is everybody is in favor of your operation. you would like to have the flexibility to expand over certain restrictions you are now facing. but they have not been defined. is that correct? >> right now, -- i am not going to gift -- disagree but he is limited to entertainment until 7:30 p.m. sunday through thursday. the other conditions about how many times a month djs are allowed, i do not think that is something the government can tell him. president newlin: is their
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proposal? >> i did revisit to the videotape to see and you did say that but it was not added to the permanent because it is not illegal. -- permit because it is not legal. president newlin: are you looking to restructure your hours? do we have his request? >> thursday, friday, saturday night i would like to have music until 1:30. president newlin: it would just be occasionally? >> yes. president newlin: everything else stays the same? >> during summertime, i would like to have the option until midnight. it is going to be jazz or blues.
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nobody has been disturbed. president newlin: this would be sunday through thursday? >> yes, please. >> this is to staff, why was this permit limited in its powers during the wait if there was no residential dec-- l? >> there is residential adjacent to the space. and that is currently under construction. what is going in there in the future, i do not know. >> to you know what is being built? >> they are not meeting the
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requirements so they had to evict all the tenants. >> are they building residential deckl? >> all construction has been halted due to asbestos. president newlin: that answers that. officer mathias, what to you feel about his alteration of the hours? >> i would like the opportunity to look into it and do our due diligence to see how the community feels about it. commissioner joseph: how long have you been operating under these restricted hours? you have had one year to look into it. >> if there is a change, as i
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said, are passed with -- our past with oz has been good but without looking into the other community groups -- commissioner joseph: did central station received a copy of this? >> there were no specifics as far as changing the hours. it was more to look into it. commissioner joseph: staff? did central station receive a detailed copy of this permit or not? >> they received a request -- >> we have to know. things can fall through the cracks. the applicant should not be punished for our mistakes. >> there was not a specific
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request about which hours you would like extended. he wanted to revisit the permit, the conditions. commissioner joseph: would you consider a continuance of your permit to give officer mathias' a chance to speak about what you want? oz? hello? >> i do not know why it is an issue. next door has music on saturday until 1:00 a.m. i do not see any problem why i should not have it. president newlin: officer mathias'? >> just restating what i have stated. i would like to go back and speak with mike captain. -- my captain.
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see how the committee feels and reiterate we have had not -- we have not had problems. i have not seen any reports out of next door. >> we have had some sound complaints from the residents of that building we were talking about earlier. it is almost all empty. we have had some complaints and the occasional something. overall -- again, that is not oz. president newlin: they have never had a problem. >> we have never had issues. president newlin: i think if we put him on a restriction for a year and he has done everything we asked for, i do not see any reason why we cannot extend the new proposal and then revisit it if it is a problem instead of
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bringing everybody back here. any more comments? >> i am going to say working there with the neighborhood as much as i do, i feel like the north speech neighbors are invested in their neighborhood and it would be great if you could come back in two weeks because i just to see this as something they could cause a problem. we just had a lot of issues. i think that the more outreach, the more connection you can get with neighbors, the better. i think it would be better for oz and the neighborhood concerns. if the officer believes that is something he needs, and i would tend to agree with that. commissioner joseph: how is your business doing? >> it is good. i'm trying to put my name out.
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i have to stop the music at 7:30 and i get customers at 8:00 and they get mad at me. what kind of business is this? commissioner joseph: thank you. >> two weeks is not going to be >> when i applied for the permit, i sent a letter. >> of the new extended hours. >> 3 33 bush street has been coming to my place. they have been enjoying the music. i have been trying to do the best thing for the community.
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>> to do they know you are planning on extending your hours? >> i got the notice posted on my window. they passed by my place almost every day. also, if you grant my permit, if i receive a permit, i will take action and make sure [inaudible] president newlin: this is the kind of thing we're trying to promote. a good business. he has done nothing but comply. it has been free of any problems. i would like to see this move on. i will leave it to the commissioners to make a motion. is there public comment?
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nobody with the public, it is with the commission. commissioner joseph: i believe that in these economic times he should have the opportunity. i move to amend his permit to extend his hours to 1:37 days a week. president newlin: is very second to? commissioner perez: aye. commissioner hyde: no. commissioner joseph: aye. president newlin: no. -- aye. good luck and keep it quiet. we are going to jump to item i,
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m and n. no. l. for some reason i thought they were the same. is n controversial? n. aslam, jack in the box. extended hours permit. >> i will give a brief introduction how i got here sensed there are three -- sinse ce there are 3 jack in the boxes. all of these businesses have been in place for many years. i will let the applicant tell you when they started but we are
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talking decades of existing. i should say that all food or beverage service requires an extended hours permit after 2:00 a.m. and before 6:00 a.m. so even though it is not entertainment, even a pizza place needs a permit if they're going to be open. of course a sometimes businesses do not have that permit. in this case there was a change of ownership and that is how it came to be that the permit was not applied for. we believe the new owners were acting in good faith in believing that the permit ran with the business instead of the operator because when it came to their attention that they had not renewed their extended hours permit, they immediately came
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into our office and paid all of the fees and begun all of the inspections associated with all of the different departments and working with the police and us and neighbors. i think everyone is familiar with the jack in the box. it is a 24 hour fast food restaurant. they do not serve alcohol. they served dinner and they serve breakfast. it is worth noting for these applicants that a lot of the things we would have asked of them had applied, they already did before the evening came to see s including hiring security and having surveillance inside their space. the even used the services to walk through the business and provide them with any safety tips.
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this particular jack in the box, there are specific conditions that sfpd is proposing, including having security guards working from 10:00 p.m. until 4:00 a.m. seven days a week. having employees pick up of many trash left by patrons around the exterior including the parking lot and sidewalks. making sure the alighting is sufficient to eliminate the outside area. making sure that the toilet facilities are available to patrons within the establishment of but making sure that the permit holders should take measures to ensure the sidewalk is not blocked or unnecessarily affected by patrons. security camera should be
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maintained in good working order. and abide by the posted occupancy. that is it. >> is the applicant here? >> good evening, members of the commission. my name is arthur bryden. i have served as a business consultant to jack in the box restaurants. i would like to turn our presentation over to my associate jennifer who has served as a liaison between our office and the respective individual franchise. commissioner joseph: commissioner is the president of the commission.
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>> i know but you are the lady. [laughter] duty before the beast. >> there we go. good evening. thank you for your time this evening in hearing us out. my name is jennifer and i am a liaison to the franchise owner of the jack in the box. i have prepared a formal statement to address all the concerns that are out there. it is an unfortunate incident that occurred november 24. our thoughts are with the victim's. the incident is under investigation to rid the police report is not available to the public and any statements made to this far are speculation. jack in the box has been cooperative with the police
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department. they confirmed we are a good neighbor and gave us approval with recommendations. we have implemented security guards, lightning, cameras, and all other recommendations that they have stated and that the entertainment commission stated. jack in the box has been in existence for a while. we have -- our stores open in 1988. then they transferred ownership in 2008. jack in the box has always paid the permit to a fee. somewhere there was a mistake and we were not notified until the end that it was missing. the following day we began working rtainment commission and follow their instructions. since july of this year, we have been working


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